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Home My WebLink AboutZ-443-04 Rezone Miller PropertySponsor: Councilor Rattermann ORDINANCE NO. Z-443-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRIC CLASSIFICATION Rezoning the Miller Property from the S-i/Residence District Classification to the B-5/Business District Classification WHEREAS, a petition has been filed, as Docket No. 194-03 Z (#03120010) (Miller Property - Rezone), to change the official zone maps of the City of Carmel, Indiana incorporated by reference into the Zoning Ordinance of the City of Carmel to change the zoning of the real estate described on Exhibit A attached hereto and made a part hereof (the "Real Estate") and commonly known as 11411 Michigan Road, Carmel, Indiana from the S-l/Residence District to the B-5/Business District; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted hearings on Docket No. 194-03 Z at its January 20, 2004 and February 17, 2004 meetings as required by law; and WHEREAS, the Plan Commission, has sent a favorable recommendation relating to Docket No. 194-03 Z to the Common Council of the City of Carmel, Indiana, subject to the recordation of the Statement of Commitments Concerning the Use or Development of Real Estate Made In Connection With a Rezoning of Property of Plan Approval submitted by the Petitioner prior to the Plan Commission's hearing on February 17, 2004 in the form attached hereto as Exhibit B (the "Commitments"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana: Section I. The official zone maps of the City of Carmel, Indiana incorporated by reference into the Zoning Ordinance of the City of Carmel are hereby amended to change the zoning of the Real Estate to the B-5/Business District subject to the recordation of the Commitments. Section II. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, this ] Q~'~day of (j~,~r~i l 2004, by a vote of w/ ayes and 0 nays. COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Brian D. Mayo Diana L. Cordray, IAMC, ~~ Mark Rattermann Presented by me to the Mayor of the City of Carmel th~'X~(r~ day of [ ?:~.~- i~.M. ,2004, at Diana L. Cordray, IAMC, Clerk-]l'rea~urer Approved by me, Mayor of the City of Cannel, Indiana, thi~l~ -fl'~ day of 2004. at ,,:L~__I~.M. //~ff.~_~ ~~ J~es ~r~nard, Mayor ATTEST: :i~ ~: C°rd~'i~~surer Barnes & Thomburg 11 South M~ridian Street Indianapolis, Indiana 46204 EXHIBIT A A part of the Northwest Quarter of Section 6, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana. More particularly described as follows: Beginning 629.59 feet Northwesterly of the South line of said Quarter Section on the center line of U.S. Highway 421; thence continuing in a Northwesterly direction on and along the center line of U.S. Highway 421 North 16 degrees and 15 minutes West 251.01 feet; thence North 90 degrees and 00 minutes East 714.3 feet; thence South 16 degrees and 57 minutes West 157.0 feet; thence south 81 degrees and 10 minutes West 648.99 feet to the center line of U.S. Highway 421 and also the place of beginning, containing in all 3.10 acres, more or less, in Hamilton County, Indiana. Except the following portion conveyed for right-of-way purposes according to Instrument #2000-7273: A part of the Northwest Quarter of Section 6, Township 17 North, Range 3 East, of the Second Principal Meridian, Hamilton County, Indiana, and being all that part of the owner's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat of Parcel 32, also described as follows: Commencing at a point 629.59 feet Northwesterly of the South line of said Quarter Section on the centerline of U.S. Highway 421 (the foregoing portion of this description, beginning with the words "629.95 feet Northwesterly" is quoted from Instrument No. 9230706), which point is the southwest comer of the owner's land; thence North 71 degrees 28 minutes 33 seconds East 15.257 meters (50.06 feet) along the southern line of the owner's land to the eastern boundary of said U.S. 421 and the POINT OF BEGINNING of this description: thence North 15 degrees 48 minutes 20 seconds West 53.086 meters (174.17 feet) along said boundary of U.S. 421; thence continuing along said boundary Northwesterly 22,609 meters (74.18 feet) along an arc to the left and having a radius of 1761.133 meters (5778.00 feet) and subtended by a long chord having a beating of North 16 degrees 10 minutes 24 seconds West and a length of 22.609 meters (74.18 feet) to the northern line of the owner's land; thence North 80 degrees 25 minutes 06 seconds East 5.803 meters (19.04 feet) along said northern line to point "1232" as shown on said Right of Way Parcel Plat; thence Southeasterly 21.980 meters (72.11 feet) along an arc to the right and having a radius of 1766.893 meters (5796.89 feet) and subtended by a long chord having a beating of South 16 degrees 09 minutes 43 seconds East and a length of 21.980 meters (72.11 feet) to point :"785" as shown on said plat; thence South 15 degrees 48 minutes 20 seconds East 52.812 meters (173.27 feet) to said southern line of the owner's land; thence South 71 degrees 28 minutes 33 seconds West 5.766 meters (18.92 feet) along said southern line to the point of beginning and containing 0.043 hectares (0.107 acres), more or less. Sponsor: Councilor Rattermann EXHIBIT B STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN APPROVAL In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-614, the owner of the real estate located in Hamilton County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of that parcel of real estate to the Carmel Plan Commission (the "Commission"): 1. Description of Real Estate. See Exhibit "A" hereto ("Real Estate"). 2. Docket# 194-03 Z 3. Statement of Commitments. A. Notwithstanding the permitted uses in the B-5 District, the following uses of the Real Estate shall be prohibited: 1. Commercial parking lot (used or intended for off-street parking and operated for remuneration); 2. Collocated antenna; 3. All other radio, television transmission or telecommunications antenna or towers; and 4. A motorbus or transportation facility. B. A thirty-foot wide greenbelt composed of grass and landscape areas (which, in the case of Buildings existing as of February 1, 2004, shall mean vegetation existing as of February 1, 2004) shall be provided along the north and east boundaries of the Real Estate adjoining Woodhaven subdivision. In the event of the construction of any new Building after February 1, 2004, the greenbelt shall be composed of shade trees, ornamental trees, shrubs, ground covers, grass, etc., (which may include existing vegetation) with a minimum of three (3) shade trees and one (1) ornamental tree per 100 linear feet of the greenbelt. Binding on Successors and Ass/gaas. These commitments are binding on the Owner of the Real Estate, and each other person acquiring an interest in the Real Estate from Owner. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. Effectiveness. These commitments shall be effective upon the adoption of rezoning petition #194-03 Z by the Carmel City Council changing the zoning classification of the real estate from the S-1 zoning classification to a B-5 zoning classifications, and shall continue in effect for as long as the above-described parcel of real estate remains zoned to the B-5 zoning classification or until modified or terminated by the Carmel Plan Commission. Recording. The undersigned hereby authorizes the Secretary of the Commission or the Director of the Department of Community Services to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon final adoption of rezoning petition #194-03 Z by the Carmel City Council. Enforcement. These commitments may be enforced jointly and severally by the Commission, the City of Carmel, Indiana and owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships, but not exceeding six-hundred-sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area included in the petition who were not petitioners for the rezoning or approval. Owners ofreaI estate entirely located outside Hamilton County are not included, however. The identity of owners shall be determined from the records in the offices of the Hamilton County Assessor which list the current owners of record, and owners of all parcels of ground adjoining the real estate. Executed this__day of ,2004. Margaret M. Miller Living Trust By: Margaret M. Miller, Trustee STATE OF ) ) SS: COUNTY OF Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Margaret M. Miller, as Trustee of the Margaret M. Miller Living Trust, and acknowledged the executed of the foregoing Statement of Commitments. WITNESS my hand and Notarial Seal this __ day of _,2004. My Commission Expires: Residing in County (printed) Notary Public This Document Prepared by David R. Warshauer, Barnes & Thomburg. 11 South Meridian Street, Indianapolis, IN 46204 6 81757-3131378 Form 65-REV 1-88 PUBLISHER'S AFFIDAVIT State of Indiana SS: Hamilton County Personally appeared betbre me, a notary public in and for said county and state, the undersigned Karen Mullins who, being duly sworn, says that SHE is clerk of the Noblesville Ledger a newspaper of general circulation printed and published in the English language in the city of NOBLESV1LLE in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), between the dates of: 02/20/2004 and 02/20/2004 Subscribed and sworn to before me on 02/20/2004 My commission expires: C erk Title Notary Public